HOUSE OF REPRESENTATIVES

H.B. NO.

1816

TWENTY-NINTH LEGISLATURE, 2018

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HUMAN SERVICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  In 2017, Hawaii had the highest per capita rate of homelessness of any state according to the United States Department of Housing and Urban Development.  There are approximately fifty-one individuals experiencing homelessness for every ten thousand people in Hawaii.  Government agencies and non-profit organizations have pursued various strategies to address the burgeoning number of individuals and families experiencing homelessness.

     The legislature passed Act 212, Session Laws of Hawaii 2017, to create a working group to examine safe zones for people experiencing homelessness as one possible solution to the problem.  Some stakeholders have expressed reservations about safe zones and have advised that scarce resources should not be diverted from the development of permanent housing.  Unfortunately, the development of permanent housing takes time and, in the meantime, people experiencing homelessness will continue to live unsheltered and without adequate, meaningful access to social services.

     In response to that concern, some policy-makers have expressed support for ohana zones, a supportive program designed to assist individuals experiencing homelessness with finding and maintaining permanent housing.  In an ohana zone, nontraditional temporary shelters and related structures may be constructed outside of generally-applicable building codes in order to facilitate rapid, temporary placements.  Borrowing from the housing first model of service delivery, once persons experiencing homelessness are sheltered, albeit temporarily, they will be better situated to access needed services, including referrals to medical and social services, and support in their search for permanent housing.

     The legislature finds that it must authorize the creation of ohana zones that allow for rapid placements in temporary shelters and direct access to social services as a tool to help reduce the number of unsheltered individuals experiencing homelessness.  The legislature further finds that the State must implement specific exemptions and immunities to facilitate the rapid creation of temporary ohana zones and to allow for the effective provision of services within them.

     The purpose of this Act is to make the establishment of temporary ohana zones possible by providing state and county governments and certain volunteers with limited liability in relation to services provided in an ohana zone and exempting temporary construction in ohana zones from state and county building codes for a specific period.

PART II

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Counties' limited liability for providing services to individuals experiencing homelessness in an ohana zone location.  No public entity or public employee shall be liable to any person for injury or damage caused by a public employee providing services to individuals experiencing homelessness in an ohana zone location; provided that the employee was acting in good faith and within the scope of the employee's functions and duties as an employee of the State."

     SECTION 3.  Section 46-15.6, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Ohana zone" means a program managed by the department of human services that provides individuals experiencing homelessness with non-permanent shelter, referrals to medical or social services, and support in obtaining permanent housing."

     SECTION 4.  Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662-    Limited liability for providing services to individuals experiencing homelessness in an ohana zone location.  No public entity or public employee shall be liable to any person for injury or damage caused by a public employee providing services to individuals experiencing homelessness in an ohana zone location; provided that the employee was acting in good faith and within the scope of the employee's functions and duties as an employee of the State."

     SECTION 5.  Section 662-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Ohana zone" means a program managed by the department of human services that provides individuals experiencing homelessness with non-permanent shelter, referrals to medical or social services, and support in obtaining permanent housing."

     SECTION 6.  Chapter 662D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662D-    Limited liability for volunteers for the government entity providing services to individuals experiencing homelessness in an ohana zone location.  (a)  No volunteer for a governmental entity shall be liable to any person for injury or damage caused by a volunteer providing services to individuals experiencing homelessness in an ohana zone location; provided that the volunteer was acting in good faith and within the scope of the volunteer's functions and duties.

     (b)  No nonprofit organization or nonprofit corporation that provides volunteers to a governmental entity providing services to individuals experiencing homelessness in an ohana zone location shall be liable to any person for injury or damage caused by the volunteer; provided that the volunteer was acting in good faith and within the scope of the volunteer's functions and duties."

     SECTION 7.  Section 662D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Ohana zone" means a program managed by the department of human services that provides individuals experiencing homelessness with non-permanent shelter, referrals to medical or social services, and support in obtaining permanent housing."

PART III

     SECTION 8.  Section 107-21, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Ohana zone" means a program managed by the department of human services that provides individuals experiencing homelessness with non-permanent shelter, referrals to medical or social services, and support in obtaining permanent housing."

     SECTION 9.  Section 107-25, Hawaii Revised Statutes, is amended to read as follows:

     "§107-25  Hawaii state building codes; requirements.  (a)  There is established the Hawaii state building codes applicable to all construction in the State of Hawaii.  The Hawaii state building codes shall be based upon:

     (1)  The state fire code as adopted by the state fire council;

     (2)  The Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices;

     (3)  The International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council;

     (4)  The National Electrical Code, as published by the National Fire Protection Association;

     (5)  Hawaii design standards implementing the criteria pursuant to Act 5, Special Session Laws of Hawaii, 2005, as applicable to:

         (A)  Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and

         (B)  Essential government facilities requiring continuity of operations; and

     (6)  Code provisions based on nationally published codes or standards that include but are not limited to residential and hurricane resistant standards related to loss mitigation standards in accordance with section 431P-12, elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal.

     (b)  The Hawaii state building codes shall not be applicable to construction of temporary shelters and related structures and other structures necessary for the provision of services in an ohana zone location in which services are provided by the department of human services.  The Hawaii state building codes shall immediately apply to all construction in a former ohana zone upon loss or withdrawal of the designation or upon cessation of services by the department of human services."

     SECTION 10.  Section 107-28, Hawaii Revised Statutes, is amended to read as follows:

     "§107-28  County authority to amend and adopt the Hawaii state building codes without council approval.  (a)  The governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council.  Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes.

     (b)  If a county does not amend the Hawaii state building codes within the two-year time frame, the Hawaii state building codes shall become applicable as an interim county building code.

     (c)  Amendments to the Hawaii state building codes adopted by the governing body of a county pursuant to subsection (a) shall not be applicable to construction of temporary shelters and related structures and other structures necessary for the provision of services in an ohana zone location in which services are provided by the department of human services.  Amendments to the Hawaii state building codes shall immediately apply to all construction in a former ohana zone upon loss or withdrawal of the designation or upon cessation of services by the department of human services."

PART IV

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2018-2019 for the purposes of designating, establishing, and providing services within ohana zones pursuant to this Act.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 12.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 2018.



 


 

Report Title:

Homelessness; Ohana Zones; Limited Liability; Building Codes Exemption

 

Description:

Provides for ohana zones for temporary shelter and services in support of permanent housing placements for individuals experiencing homelessness.  Limits liability to counties, service providers, and volunteers for services provided in ohana zones.  Temporarily exempts ohana zones from building codes. (HB1816 HD1)

 

 

 

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